› Claim by niece of deceased who with her sister went to live with the deceased and initially his mother in mid-1960s when niece was 7 years old following death of plaintiff’s father
› Niece remained living with the deceased for 10 years to age approximately 17
› Niece returned to live with the deceased approximately 8 years later for a period of 15 months
› Subsequent ongoing close relationship with the deceased
Evidence
› Assessment of evidence of party previously convicted of perjury
Succession
› Family provision
› Eligibility
› Eligibility not disputed nonetheless there must be some material to enliven jurisdiction
› Jurisdiction cannot be conferred by consent on the Court
› Requirements of membership of household and dependency
Succession
› Family provision
› Factors warranting
› Consideration of factors warranting
› Plaintiff’s position or status de facto akin to that of a child of the deceased
Case Details
Citation[2023] NSWSC 159
CourtNSWSC
JurisdictionNew South Wales
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